ORD 1997-34 - Establish Landmark Districts 11-25-1997ORDINANCE NO. 97 -34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
ESTABLISHING LANDMARK DISTRICTS; PROHIBITING TOWERS WITHIN SEVEN
THOUSAND FEET (7000') OF THE SAM HOUSTON STATUE - HUNTSVILLE
VISITOR CENTER; PROHIBITING OFF PREMISE BILLBOARDS AND SIGNS WITHIN
SEVEN THOUSAND FEET (7000') OF THE SAM HOUSTON STATUE -
HUNTSVILLE VISITOR CENTER; ESTABLISHING A PENALTY OF $500 PER DAY;
REQUIRING THE PUBLICATION OF THIS ORDINANCE; AND MAKING OTHER
FINDINGS AND PROVISIONS RELATED THERETO
WHEREAS The Development Code of the City of Huntsville, Texas, generally regulates signs within the
City; and
WHEREAS The City desires to protect the scenic vistas associated with the Sam Houston Statue -
Huntsville Visitor Center;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: Chapter 4 of the Development Code of the City of Huntsville, Texas, is amended by
changing section 401 Establishment of Districts, and by the addition of a new section 403.3
Landmark District, that shall read as follows:
401. Establishment of Districts.
City Council divides the City of Huntsville into the following general districts: Downtown, Management and
Neighborhood Conservation. Additionally, City Council creates the following overlay districts: Flood
Hazard District and Airport Hazard District, and Landmark District.
403.3. Landmark District.
A. For the purpose of protection, preservation, enhancement, perpetuation, and use of landmarks, there
is created landmark districts.
B. A landmark district is an area that has special, historical or aesthetic interest and is designated as a
landmark district pursuant to this chapter.
SECTION 2: Chapter 5 of the Development Code of the City of Huntsville, Texas, is amended by
changing section 503.4 Television, Radio and Microwave Tower Telecommunication
Equipment to read as follows:
503.4 Television, radio and microwave tower telecommunication equipment
The developer shall construct a transmission tower /antenna and accessory facilities according to the
following standards:
1) The tower base shall beset back from adjacent lots or public property or streets by a distance equal
to a minimum forty (40) percent of the tower height or the distance between the tower base and guy
wire anchors, whichever is greater; and
2) Additionally, guy wire anchors shall beset back ten (10) feet from adjacent lots and twenty-five (25)
feet from public property or streets; and
3) The site perimeter shall be landscaped according to the standards provided in Bufferyard D of Figure
12-1 of this Code.
4) No tower shall be erected within seven thousand feet (7000') of the Sam Houston Statue - Huntsville
Visitor Center.
SECTION 3: Chapter 11 of the Development Code of the City of Huntsville, Texas, Is amended by
changing section 1106.1 General Location to read as follows:
1106.1 General location
1) A person commits an offense if he erects, constructs or establishes an off -premise sign not visible from
one or more of the following major thoroughfares:
a)
Highway 75
b)
Highway 30
c)
Interstate 45
d)
Highway 19 (East Loop)
e)
Highway 190
2) An off-premise sign may be erected only within eight hundred (800) feet of at least two adjacent
recognized commercial or industrial activities, which are on the same side of the highway as the sign.
3) No off-premise sign may be erected within five hundred (500) feet of any structure in which one or
more human beings reside or which Is designed for human habitation; provided, however, that this
prohibition shall not apply to hotels, motels, or recreational vehicle parks which provide overnight
accommodations only.
4) All off-premise signs, other than those subject to regulation under the provisions of the Texas Litter
Abatement Act and Texas Highway Beautification Act (TEX.REV.CIV.STAT. Art. 4477-9a) Including
all amendments) or under the Federal Highway Beautification Act (23 USCA Section 131 et sea),
shall be subject to the following spacing requirements from other than off-premise signs on the same
side of the public right-of-way.
a) No off-premise sign having a face area up to three hundred (300) square feet shall be located
within five hundred (500) feet of another off-premise sign or on-premise sign on the same side of
the public right-of-way.
b) In computing the distance between off-premise signs, all measurements shall be made parallel to the
edge of the street, and on the same side of the street.
c) These general location requirements shall apply to all classifications of signs, types of signs and
special function signs, and all other signs used as off-premise signs, including portable signs.
5) No off-premise sign may be erected within seven thousand feet (7000') of the Sam Houston Statue -
Huntsville Visitor Center.
SECTION 4: Any person, firm or corporation violating any provision of this ordinance or failing to
comply with any requirement of the ordinance will be guilty of a misdemeanor and subject
to a fine of up to five hundred ($500.00) dollars upon conviction. Each day during or
upon which a person shall violate or continue violation of any provision of this ordinance
shall constitute a distinct and separate offense. The violation of any provision of the
ordinance or the failure to comply with any requirement of this ordinance shall each
constitute a distinct and separate offense. Texas Local Government Code § 53.001 and
§ 54.001.
SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect any of the remaining provisions of
this ordinance.
SECTION 6: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
SECTION 7: This ordinance shall take effect ten (10) days after its passage by the City Council. The
City Secretary shall publish the caption of this ordinance in the official City newspaper at
least twice within ten (10) days of its passage. Texas Local Government Code § 52.013.
PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 1997.
4 EST:
Danna Welter, City Secretary
THE CITY OF HUNTSVILLE
by William B. Green, Mayor
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Sam Houston
Statue Park
'OUSTON STATUE HU 1 10,
NTSVILLE CENTER
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